VIJAYAWADA: The high court on Wednesday dismissed the petitions filed by T Gangi Reddy and G Uma Shankar Reddy, the accused in YS Vivekananda Reddy murder case, challenging the pardon given to another co-accused, Shaik Dastagiri, by the chief judicial magistrate and principal assistant sessions judge in Kadapa. The high court said there is no legal infirmity in the order given by the lower court.
Gangi and Uma Shankar had moved the high court challenging the granting of pardon to Dastagiri, who turned approver in the case. Senior counsels S Niranjan Reddy and B Adinarayana Rao argued that the lower court erred in its decision without considering the facts and circumstances. A pardon can only be given when there is no other evidence available to prove the guilt of the accused but in the present case the CBI claims to have collected other evidence and also recorded the statement of watchman Rangaiah as a witness, they said.
They further alleged that the CBI intentionally did not submit the evidence it collected in the preliminary charge-sheet before the magistrate at the time of hearing to enable him to exercise his discretion whether to grant pardon or not.
CBI standing counsel A Channakeshavulu said the murder was committed as per a well-designed plan and Dastagiri's evidence is crucial as he played a key role, right from hatching the conspiracy to executing the plan. "Granting of pardon is between the person concerned and the court. Other accused cannot question the decision given by the court. The magistrate gave orders after considering all material facts and circumstances related to the case," he said.
Considering the arguments, Justice Ch Manavendranath Roy dismissed the petitions. He said the facts and circumstances indicate the CBI has no other evidence to prove the guilt of the accused in the case, and ruled that the magistrate rightly exercised his discretion under section 306 of CrPC in granting pardon to Dastagiri.
